Page:United States Statutes at Large Volume 49 Part 1.djvu/1132

 74T H CONGRESS. SESS. I. CH. 839 . SEPTEMBER 3, 1935 . (c) If it shall be determined by the court that the United States has violated the terms and provisions of the Act of Congress of March 28, 1908 (35 Stat . L . 51), by cutting other than dead and down timber or such fully matured and ripened timber as the Forestry Service shall have properly designated, or by cutting such timber so as to prevent forest perpetuation, the court shall award as damages to the Menomin ee Tribe of Indians either (1) the difference between the net income that has been and will be received from the liquidation of the timber unlawfully cut and the net income which would have been and would be received from an acreage which would have pro- duced, under selective cutting, if then cut, the same volume of timber as that unlawfully cut, from the time of the commencement of the unlawful cutting up to the time when the timber unlawfully cut shall have been replaced by replanting and the sustained yield from the said replanted timber shall be equal, acre for acre, to the sustained yield from the timber had it been selectively cut so as to perpetuate the forest, as required by law, with interest thereon at the rate of 4 per centum per annum for the same period, said period, wherever specified herein, to be deemed to be sixty years, unless otherwise determined at the trial, plus the cost of replacement of the timber on the same areas including the necessary protection until the replanted tim ber s hall h ave a ttaine d the said susta ined y ield replacement of timber on the respective area s thus unlawfully cut, including the necessary protection until the replanted timber shall have attained the aforesaid sustained yield plus interest at 4 per centum per annum for the same period of time on an amount equal to the reasonable value as of the date of the unlawful cutting of the timber on the areas thus cut, whichever is the greater. (d) If it shall be determined by the court that there has been maladministrat ion on the part of the United States as respects its management of the timber or lumber industry of the Menominee Indian Tribe, including, but without limitation, its disposal of timber an d lumber products and its management of the Menominee Indian Mills, the court shall award to the Me nomine e Trib e of Indians as damages either (1) an amount equal to the net losses incurred during the year or years in which maladministration is found, with interest thereon at the rate of 4 per centum per annum from the respective dates of said losses, or, (2) interest at the rate of 4 per centum fo r the particular year or years in which mal- administration is found on the capital investment of the Menom- inee Tribe of Indians in their standing timber, lumber, plant, build- ings, equipment and all other assets used in, or about, or in any way connected, with the Menominee Indian Mills or the timber and lumber industry of the Menominee Indian Tribe, whichever is the greater. " Net losses " shall be determined by using customary and accepted principles of accounting. " Ca pital invest ment " in stand- ing timber and lumber shall be determined by using the unit price for each species of lumber and timber as used by t he United States in its accounting records at the Menominee Indian Mills at the begin- ning and end of each year in which maladministration is found and dividing the sum thereof by two. " Capital investment" in plant, buildings, equipment and all other assets shall be determined by using cost less depr eciation at the beginning and end of each year in which maladministration is found and dividing the aggregate thereof by two. In determining " Cost less depreciation " the gen- eral ledger accounts maintained at the Menominee Indian Mills shall be accepted subject to such adjustments as may be found proper upon investigations using customary and accepted principles of accounting. 10 87 Unlaw fully cut tim. b er. Maladministration of timber and lumber in- d ustry.
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